Submitted by Chirp on Fri, 04/09/2010 - 11:58
I already had my trial and now my attorney says we have to appeal something but he said it would be in front of the same judge. Can a criminal trial judge also do an an appeal of the case under Massachusetts law? Thanks
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Editor's Response
No, the judge in your criminal trial will not and cannot sit on the appeals court that hears your appeal. Even if MA law allowed such a thing, or the judge was appointed to the appeals bench after presiding at your criminal trial, ethical considerations would require him or her to recuse herself from hearing your appeal. However, if your attorney is talking about a motion to reconsider or a motion for a new trial, then the same judge would (or at least could) hear that type of motion. For more information, visit our Massachusetts Criminal Law Discussion Forum.